Building Code Board of Appeals Agenda and Packet 2017 05 25

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City of Im Louisville COLORADO - SINCE 1878 BUILDING CODE BOARD OF APPEALS COMMUNICATION SUBJECT: DATE: 1610 CIRCLE DRIVE APPEAL REHEARING MAY 25, 2017 PRESENTED BY: ROBERT ZUCCARO, PLANNING & BUILDING SAFETY DIRECTOR BILL CLAYTON, INTERIM BUILDING OFFICIAL SUMMARY: Staff is presenting additional information related to the appeal case at 1610 Circle Drive that the Building Code Board of Appeals originally reviewed on March 16, 2017. This case relates to an appeal of an interpretation of Sections 102.7 and R311.7.2 of the 2012 International Residential Code. The applicant contends that the current condition of a staircase with 6'0" headroom should be allowed as an existing condition that is part of a basement renovation and altering the staircase to comply with minimum headroom requirements is not a technically feasible option (see Attachment No. 1). Following the original Board review and determination on March 16, 2017, the applicant requested that staff visit the site to review possible solutions. The City's Interim Building Official, Bill Clayton, CBO conducted a site visit and met with the owner and the owner's architect. Mr. Clayton evaluated the site conditions, additional information provided by the applicant, and additional sections of the 2012 International Residential Code and International Building Code relevant to the case. Mr. Clayton finds that City's adopted building codes support maintaining the current condition of the staircase without modification and recommends reversing the previous decision requiring a minimum 6'6" of headroom. Attached is a detailed analysis from Mr. Clayton on this issue (see Attachment No. 2). Article IX, Section 14 of the Building Code Board of Appeals Bylaws allows for rehearing of an appeal case if there is a substantial change in facts subsequent to the original hearing (see below for Article IX, Section 14 and Attachment No. 3 for complete Bylaws). In this case, staff finds that there has been a substantial change in facts and recommends that the Board conduct this rehearing. Section 14. Rehearing, A. The Board may rehear a previously granted or denied application and may modify its decision thereon only if: (1) The hearing is conducted and the decision modified at a time prior to the date an appeal of the initial decision must be perfected pursuant to C.R.C.P. 106(a)(4); and (2) There has been a substantial change in the facts or law subsequent to the initial hearing. Prior to any rehearing, the Board shall cause proper notice thereof to be given to the parties and the public.